President Uhuru Kenyatta has been directed to appoint the remaining six judges to their respective courts within the next 14 days.
In a ruling delivered on Thursday, a three judge-bench ordered the Head of State to appoint the remaining judges in 14 days failure to which they will be deemed appointed.
High court Justices James Wakiaga, William Musyoka, and George Dulu said Chief Justice Martha Koome with the Judicial Service Commission shall be at liberty to take all necessary steps to swear in the six judges if Uhuru fails to play his part.
They argued that the President violated the constitution in his decision to fail to appoint the judges as recommended by the Judicial Service Commission (JSC).
The judges left out by the President included George Odunga, Aggrey Muchelule, Joel Ngugi, Weldon Korir, Judith Cheruiyot and Evans Makori.
The declaration means that the six can be sworn in before the Chief Justice at the lapse of the 14 days.
The petition was filed by Katiba Institute, a research, litigation, and community engagement organization operating as a non-profit, non-governmental body.